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HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-007Temp. Reso. #8858 December 14, 1999 1 CITY OF TAMARAC RESOLUTION NO. R-2000- 07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE OFFICIALS TO ACCEPT AND EXECUTE A UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT WITH TRAMMELL CROW REALTY SERVICES, INC. FOR THE CURBING CONSTRUCTED IN A UTILITY EASEMENT FOR THE ZEPHYRHILLS PROJECT LOCATED ON THE NORTHEAST CORNER OF HIATUS ROAD AND NW 671h STREET; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Trammell Crow Realty Services, Inc., owner of the Zephyrhills Project (attached hereto in map form as "Exhibit 1 ") located on the northeast corner of Hiatus Road and NW 671h Street, constructed curbing in a utility easement; and WHEREAS, the owner, Trammell Crow Realty Services, Inc., has offered a Utility Easement Encroachment and Hold Harmless Agreement to the City of Tamarac; and WHEREAS, the owner shall hold the City harmless from any costs or obligation to restore the curbing as a result of any repair or maintenance to the utility easement or infrastructure; and WHEREAS, the Director of Utilities recommends the acceptance and execution of this Utility Easement Encroachment and Hold Harmless Agreement for the Zephyrhills Project; and Temp. Reso. #8858 December 14, 1999 2 WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to accept and execute a Utility Easement Encroachment and Hold Harmless Agreement with Trammell Crow Realty Services, Inc. for the curbing constructed in a utility easement for the Zephyrhills Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution. SECTION 2: That the appropriate City Officials are hereby authorized to accept and execute a Utility Easement Encroachment and Hold Harmless Agreement with Trammell Crow Realty Services, Inc. for the curbing constructed in a utility easement for the Zephyrhills Project (attached hereto as "Exhibit 2") located on the northeast corner of Hiatus Road and NW 67t" Street. SECTION 3: That the City Clerk is hereby authorized and directed to record said agreement in the public records of Broward County. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 1 11 1 1 Temp. Reso. #8858 December 14, 1999 3 SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. 9'A PASSED, ADOPTED AND APPROVED this � day of 2000. CARD OLD, CMC/AAE CITY CLERK I HEREBY CERTIFY that I have MW/krs/tf w cam_. JOE SCHREIBER MAYOR RECORD OF COMMISSION MAYOR SCHREIBER DIST 1: _- wwrm iw EgFQ �F�,,, ,.COMM. DIST 2: - _VIM MrsHlGN D1ST 3: COMM. SULTANOP DIST 4: - COMM. AOBERTs TEMP. RESO. # 8858 49 • � A ¢ (n Li x w N 0 WH]TMA LN. P� 71 pL TR11 BAILEY LN. WESTOD PERIW NKEL LN, CAPTIVA j%/�� EA HIBISCUS LN. PALM ZIDGE LN. ¢ ¢ / 7 o JEWEL, BOX LN. NG,EL WING DR. j� � 7 71 Sr 7OD ST 74 r � MCNAB P❑AD TEE PLAT J & J PLAT TAMARAC N a MARKET ......................................... ...................... ....................................................... PLACE / / ZEPNYRRULS L©VESHAW I.T.W. MIMA SITE LOCATION 67 ST w SUNBELT MEDIAONE y PRECISION W ARCH ALUMINUM ch a z CULLIGAN J w W WATER J COMPANY �--� z v W PUBLIC SERVICES LAND SEC, COMPLEX y ¢ 7 a J � � a d W a a PROPOSED z N W STATE STREET 3 W Li V) Q d 00 W a 0 WESTPOINT - J w N ¢ v+ r a d r 0 Z S w 2! ZEPHYRHILLS.DWG ZEPHYRHILLS UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS AGREEMENT BETWEEN THE CITY OF TAMARAC AND TRAMMELL CROW REALTY SERVICES, INC. THIS AGREEMENT made this A� day of , t9 ,' "" by and between the CITY OF TAMARAC, a municipal cor ration wit principal offices located at 7525 NW 88th Avenue, Tamarac, Florida 33 21 (hereinafter called by and Trammell Crow Realty Services, Inc., a Delaware corporation with principal offices located at 1515 South Federal Highway, Suite 113, Boca Raton, Florida 33432 (hereinafter called the DEVELOPER/OWNER), for the purpose of holding the CITY harmless for the removal or destruction of landscaping and/or structures located on DEVELOPER/OWNER's property and within utility easements held by the CITY. WHEREAS, DEVELOPER/OWNER is owner of a parcel of land in the City of Tamarac, Broward County, Florida, more particularly described in Exhibit A, attached hereto and incorporated herein by reference; and WHEREAS, DEVELOPER/OWNER has constructed or will construct landscaping and/or structures as part of its development of the parcel described in Exhibit A within • utility easement(s) described in Exhibit B, attached hereto and incorporated herein by reference, and recorded in O.R. Book page of the Broward County public records; and WHEREAS, said existing landscaping and/or structures are described on the site plan for Zephyrhills at Tamarac prepared by Forbes Architects and dated , a copy of which is on file with the CITY and attached hereto and incorporated herein by reference as Exhibit C; and WHEREAS, CITY is grantee of the utility easement(s) described above and has an obligation to maintain and repair utility lines in order to serve the citizens of the City of Tamarac; and WHEREAS, DEVELOPER/OWNER agrees to hold the CITY harmless for any expenses incurred by the CITY's use of the utility easement(s) resulting in the destruction and/or removal of said existing and/or future landscaping and/or structures; and NOW, THEREFORE, in consideration of the promises and mutual covenants herein contained, the parties hereto agree as follows: 1. The foregoing recitals are true and correct and incorporated herein by this reference. 0 2. DEVELOPER/OWNER agrees to immediately remove at its own expense any encroachment located within -the CITY's utility easement once notified by the CITY of such encroachment. 3. DEVELOPER/OWNER shall hold harmless and indemnify the CITY from and against all claims, liability and expense arising from the aforesaid encroachments, landscaping and/or structures, including the expense of removing, relocating, restoring and replacing same. 4. CITY shall be held harmless by DEVELOPER/OWNER and shall not be responsible for the damage, destruction or replacement of irrigation lines within the utility easement(s). 5. CITY shall be entitled to make emergency repairs to utility lines within the easement(s) without prior notice to DEVELOPER/OWNER if giving notice would be of detriment to the health, safety and welfare of the citizens of Tamarac. 6. DEVELOPER/OWNER agrees that any structures placed within the utility easement shall be limited to minor structures only, such as a sign, fence, or slight encroachments of concrete. No drainage structures, including, but not limited to, detention or retention basins, shall be permitted within the utility easement(s). is7. DEVELOPER/OWNER agrees that landscaping within the utility easement(s) shall be limited to bushes, shrubs and flowers, and that no trees shall be placed within the utility easement(s). 8. DEVELOPER/OWNER shall place a 1' by 1' sign or plaque on the site of the landscaping or structure, which shall state the following: "This structure may be ordered removed by the City of Tamarac without notice and at no cost to the City should its removal become necessary to repair any utility line. The cost of removal shall be borne by Trammell Crow Realty Services, Inc. its successors and assigns." 9. DEVELOPER/OWNER shall not place encroachments within the utility easement(s) unless specifically provided for in this Agreement. 10. This Agreement contains the entire agreement between the parties relating to the subject matter hereof. This Agreement shall not be amended unless in writing and signed by the parties hereto. 11. This Agreement shall run with the land and bind DEVELOPER/OWNER, its agents, heirs, successors and assigns, and any subsequent owners of the parcel described in Exhibit A. 9 .7 • 12. Venue for any actions resulting from this Agreement shall be Broward County, Florida. This Agreement shall be governed by the laws of the State of Florida as are now and hereinafter in force. IN WITNESS WHEREOF, the parties have made and executed this Utility Easement Encroachments and Hold Harmless Agreement on the respective dates under each signature. CITY OF TAMARAC, through its Mayor and through its President, duly authorized to execute same. CITY OF TAMARAC J J chreiber, Mayor Date: / -,P / - W ATTE Carol Gold, C /AAE J ry L. Miller, City Manager City Clerk ATTEST: Corporate Secretary ` ( rporate Seal) Keb!0Qa �4- Type/Print Name Pryse R. Elam Type/Print Name Date: a. EXHIBIT "A" Ll • • LEGAL DESCRITION PARCEL "A ' TAMARAC 1299 LAND AS RECORDED IN PLAT BOOK 151, BROWARD COUNTY RECORDS, CITY TRUST PLAT PG. 13 OF TAMARAC, FL. • T(d i �2.1 a I DIN � $ All' 91as � 65e�s re��Bs:ee e4� lrc$3.t� Eri �k a 1 ago 1 aril !ia �T Exhibit "C" • 1� 11` O le„ I P "I; 9 1�i1���44�E � AR 1t9 A A 0 G A b N v z c� C T O 11 � q -C. 4 m x ^� m 0mn m a a G m C wv00 y rn v v a v H T v m O -4 O W `C m 30 -- � �zZ C V n V A Q C a:9 :E mA� T W rn 74 rn 'oAm �n Or 2 .'0 n oil Pozuz w jig rQ I� I Ih '4 i p 1 � 8�I • C: • 15' WATERMAIN EASEMENT TRACT 8 'FLORIDA FRUIT LANDS COMPANY'S SUBDIVISION NO. 2" (PB. 1, PC. 102, P.B.C.R.) TRACT 8 SITE r PARCEL A s TRACT 8 PARCEL A LY LINE �REMAINDER PARCEL A I P8. 151, PC. 13. OCR) S 44•13'14^ W cu.ro 18.55' " PARCEL A N 63'4S'29" W 5 44'15', I 3.{579'13'07'W4�'�,O.T. j I 20.a34BCS�0AHF \��1 ItoI I III �rro. Q7 1 —4 �rlYr) r , I W44'24' E I 1.74' j I Q lf, I I X-f N araa'39• W I�11 2'53 73' III III REMAINDER PARCEL A� I'I �AMARAC 1299 LAND TRUST PLAT III III (PB. 151, PC. 13, BCR) I I e.z�66 as- E S a9'07.19• W la.m. I !W13.14' E 299' j S arls'14• 73,63 1 J i P.O. T• I , r`_:J�P.O.T. Al P.O. I�I ICI III I I/ 178.58 I�I III IjI N OD'µ'33' W 83.64'I III III III I'I I�I P.O.T. I'I I�I III ar33'zb 1s.o0' P.O.B. LEGEND BCR - Broward County Records BORY - boundary ESMT - easement E'LY - Eastely N'LY - Nariherlyy ORB - Official Recarde Book POS - Point of Beginning POC - Point of Commencement POT -- Point of Termination R/W - Right-of-way S'LY - Southerly S0. FT. - Square Feet SURVEY NOTES AND QUALIFICATIONS: I. Unless it bears the eignolure and the original railed seal of o Florida Iiceneed surveyor and mapper this drawing, sketch. plot or map is for informational purposes only and is not valid 2. Bearings shown hereon are relative to the plot of TAMAI7AC 1299 LAND TRUST PLAT, PB 151, PC 13. SCR. 3. Data shown hereon was camp -led from instruments of record and does not constitute a field survey as such. EEyye A. J NORM R/w UNE TRACT 6 N.W. 67TN STREET 'FLORIDA FRUIT LANDS CCMPANY'S SUBDIVISION NO. 2" (PB. 1, PC. 102. P.B.C.R.) For the Scott & EAST PARCEL r uNE STREET Preresslopgr 5urveyar k Ma per Florida Registration No 4532 5, LEAVY k ASSOC)ATES INC. REVISIDNS� Orscrl Ilan Lod e.wrrwt�, Dots lro,roo Fy/. DRAWING DATA, Dra1Np tlo:tl/04/99Fb,p9 souran aDRVLY0R9 NAPPtRa ik=nj Drafter- lec NTAL R Ro{p Cnv kere eldSCALE SCALEHORIZ (FT) tFT) Oa, naRtOA 33047 CADDdrg nog 99033000.dwg 0 25 50 I to UMCu "M me4 sAx: (664) s4a-seDsSHEET Na. e7n 2/2ualress EXHIBIT "B" • • 0 LEGAL DESCRIPTION 15' WATERMAIN EASEMENT A PORTION OF PARCEL "A". "TAMARAC 1299 LAND TRUST PLA f', ACCORDING TO THE PLAT THEREOF. AS RECORDED IN PLAT BOOK 151. PAGE 13. OF THE PUBLIC RECORDS OF BROWARD COUNTY. FLORIDA. 13EING A STRIP OF LAND LYING 7.50 FEET EACH SIDE 01' A CENTF.RI.INE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE Al' THE NORTII RIGIFF-OF-WAY LINE OF N.W. 67':' STREET AS SFIOWN ON SAID PLA I'AND THE EAST LINE OF SAID PARCEL "A THENCE SOUTH 89°26'32" WEST ALONG I lIE SOUTII LINE OF PARCEL "A" AND SAID NORTH RIGHT-OF-WAY LINE OF N.W. 671" STREET, A DISTANCE OF 70.32 FEET; THENCE NORTH 00°33'28" WEST, A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING OF SAID HEREIN DESCRIBED CENTERLINE; THENCE NORTH 00°44'55" WEST, A DISTANCE OF 183.64 FEET 1-0 REFERENCE POINT "A", THENCE NORTH 00°44'39" WEST, A DISTANCE OF 253.73 FEET; THENCE NORTII 42°15'07" WEST, A DISTANCE OF 53.59 FEET; THENCE NORTH 83°45'29" WEST, A DISTANCE OF 306.61 FEET; THENCE SOUTH 44°15' 14" WEST, A DISTANCE OF 16.55 FEET TO REFERENCE POINT "B'; THENCE CONTINUE SOUTH 44° 15' 14" WEST, A DISTANCE OF 21.62 FEET; THENCE SOUTH 00°44'24" CAST, A DISTANCE OF 301.74 FEET TO REFERENCE POINT "C"; THENCE SOUTH 00°58'05" EAST, A DISTANCE OF 8.29 FEET TO REFERENCE POINT "D"; THENCE SOUTH 00°44'46" EAST, A DISTANCE OF 176,58 FEET TO THE POINT OF TERMINATION: TOGETHER WITH; BEGINNING AT SAID REFERENCE POINT "A"; THENCE SOUTH 89015' 14" WEST, A DISTANCE OF 23.85 FEET TO THE POINT OF TERMINATION; TOGETHER WITH; BEGINNING AT SAID REFERENCE POINT "B"; THENCE SOUTH 45044'46" EAST, A DISTANCE OF 20.95 FEET TO THE POINT OF TERMINATION; TOGETHER WITH; BEGINNING AT SAID REFERENCE POINT "C' THENCE SOUTH 89'07' 19" WEST, A DISTANCE OF 18.96 FEET TO THE POINT OF TERMINATION; TOGETHER WITH, BEGINNING AT SAID REFERENCE POINT "D"; THENCE NORTH 89°15' 14" EAST, A DISTANCE OF 32.99 FEET TO THE POINT OF TERMINATION, SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA CONTAINING 20,837 SQUARE FEET (0.48 ACRES) MORE OR LESS. PREPARED BY: DOUGLASS, LEAVY & ASSOCIATES, INC. 7914 WILES ROAD CORAL SPRINGS, FLORIDA 33067 DATED: NOVEMBER 5, 1999 PROJECT NO: 99033LGL.I I OF 2